Dampier v. Polk

Summary

The court affirmed the decree confirming the appellees' title to the land and mineral interest acquired through foreclosure. It held that the foreclosure was valid because the original substituted trustee remained authorized to act, the debt had not been accelerated or abandoned, the mortgagor's tax-patent purchase benefited the mortgagee rather than creating adverse title, and no fiduciary relationship prevented the appellees from acquiring and enforcing the deed of trust. The court also rejected the defenses of laches and adverse possession.